Senate Committee on Judiciary (04/27/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	04/27/2009	ATTENDANCE

Time:	02:43 PM to 09:06 PM	Hudak	*
		King K.	X
Place:	SCR 352	Lundberg	X
		Newell	X
This Meeting was called to order by		Renfroe	X
	Senator Morse	Carroll M.	X
		Morse	X
This Report was prepared by
	Sara McPhee
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Conf 09-Commission on Judicial Discipline Conf 09-Civil Rights Commission SB09-292 SB09-288 HB09-1157 Conf 09-State Board of Parole SB09-286 HB09-1348		Favorably Refer to the Full Senate Favorably Refer to the Full Senate Amended, Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to Appropriations Favorably Refer to the Full Senate Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

02:44 PM -- Confirmations to the Commission on Judicial Discipline

02:44 PM -- Kathleen Kelley, nominee for the Commission on Judicial Discipline, spoke about her qualifications. She indicated that she has been serving on the commission for the last two years. Ms. Kelley believes that the commission works well for vetting possible problems within the Judicial Branch.

02:46 PM -- James Spaanstra, nominee for the Commission on Judicial Discipline, spoke about his qualifications. He stated that he is the current chair of the commission and he discussed the work of the commission.


BILL:	Conf 09- Commission on Judicial Discipline
TIME:	02:47:30 PM
MOVED:	Carroll M.
MOTION:	Moved to favorably recommend the names of Kathleen Kelley and James Spaanstra as members of the Colorado Commission on Judicial Discipline to the full Senate. The motion passed on a 7-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:48 PM

The chair announced that a member of the public is interested in testifying on the nominations to the commission and the committee would vote to determine if public testimony would be allowed.


BILL:	Conf 09-Civil Rights Commission
TIME:	02:49:02 PM
MOVED:	Carroll M.
MOTION:	Moved to allow the public to testify on the confirmations to the Colorado Commission on Civil Rights. The motion passed without objection.
SECONDED:
		VOTE
	Hudak	Excused
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

02:50 PM -- George Walker, representing himself, spoke in opposition to the confirmation of Eva Muniz Valdez, the current chair of the commission. He discussed his previous dealings with the commission concerning his application for a job with the University of Colorado. He distributed handouts (Attachments A, B, and C).

02:56 PM -- Eva Muniz Valdez, nominee to the Civil Rights Commission, spoke about her qualifications. She stated that she has been on the commission for 4 years and she is the current chair.

02:57 PM -- Janelle Doughty, nominee to the Civil Rights Commission, spoke about her qualifications. She stated that her interest in the commission is about fairness for all people. She currently works at DORA for the Southern Ute tribe--get job title.

02:59 PM

Senator Carroll asked about frustrations that she has heard from her constituents concerning the responsiveness of the commission. She asked Ms. Valdez about ways that the processes can be improved. Ms. Valdez noted that the staff has been cut in recent years due to budget cuts, but they do have a new director who is working on efficiency. Senator Carroll asked Ms. Valdez to describe the role of the commission. Senator Renfroe asked about the specific roles of the commissioners.


BILL:	Conf 09-Civil Rights
TIME:	03:07:24 PM
MOVED:	Carroll M.
MOTION:	Moved to favorably recommend the names of Janelle Doughty and Eva Valdez as members of the Colorado Civil Rights Commission to the full Senate. The motion passed on a 6-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Excused
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:08 PM -- Senate Bill 09-292

Senator Brophy, bill sponsor, explained Senate Bill 09-292 concerning the revision of statutes in the Colorado Revised Statutes. This bill is recommended by the Committee on Legal Services to amend or repeal obsolete, inconsistent, or conflicting laws. In some instances, it also clarifies statutory language to more accurately reflect legislative intent. The specific reasons for each amendment or repeal are set forth in an appendix to the bill. Senator Brophy distributed Amendments L.001, L.003, L.004, and L.005 (Attachments D, E, F, and G).


BILL:	SB09-292
TIME:	03:09:15 PM
MOVED:	Renfroe
MOTION:	Adopt prepared Amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-292
TIME:	03:10:23 PM
MOVED:	Renfroe
MOTION:	Adopt prepared Amendment L.003 (Attachment E). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-292
TIME:	03:10:52 PM
MOVED:	Renfroe
MOTION:	Adopt prepared Amendment L.004 (Attachment F). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-292
TIME:	03:11:18 PM
MOVED:	Renfroe
MOTION:	Adopt prepared Amendment L.005 (Attachment G). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-292
TIME:	03:12:54 PM
MOVED:	Renfroe
MOTION:	Refer Senate Bill 09-292, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a 6-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Excused
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:15 PM -- Senate Bill 09-288

Senator Morse, bill sponsor, presented Senate Bill 09-288 concerning a limitation on the number of Department of Corrections facilities prison beds in the state of Colorado. Senator Morse stated that his intention is to postpone the bill indefinitely.


BILL:	SB09-288
TIME:	03:15:16 PM
MOVED:	Morse
MOTION:	Moved to postpone indefinitely Senate Bill 09-288. The motion passed on a 4-2 roll call vote.
SECONDED:
		VOTE
	Hudak	No
	King K.	Yes
	Lundberg	Yes
	Newell	Excused
	Renfroe	Yes
	Carroll M.	No
	Morse	Yes

Final YES: 4 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:18 PM -- House Bill 09-1157

Senator Kopp, bill sponsor, presented House Bill 09-1157 concerning the designation of BZP as a schedule I controlled substance. The bill makes the unlawful use, distribution, and manufacture of BZP as a class 1 misdemeanor. The committee discussed with Senator Kopp the specifics of the drug and what its effects are.

03:22 PM -- Mark Randall, representing the Colorado District Attorneys Council, spoke in support of the bill. He stated that BZP was added to the federal schedule of controlled substances several years ago. He believes that the federal and state schedules should match. Mr. Randall discussed the definition of a schedule I controlled substance and why BZP should be added to the list.

03:30 PM

The committee discussed the specifics of the drug and whether or not it needs to be classified as a controlled substance.

03:32 PM -- Don Shriver, representing the Denver Police Department, spoke in support of the bill. He stated that BZP is similar to methamphetamine and it is a very destructive drug.

03:38 PM

The committee discussed the specifics of BZP with Mr. Shriver.

03:40 PM -- Chris Byrne, representing the Jefferson County Sheriffs Office, spoke in support of the bill. Mr. Byrne stated that BZP has no known medical usage. He also noted that it is considered to be a legal form of ecstacy.

03:50 PM

Senator Kopp distributed Amendment L.006 (Attachment H). The committee discussed the specifics of the bill and the proposed amendment.


BILL:	HB09-1157
TIME:	03:55:51 PM
MOVED:	Renfroe
MOTION:	Adopt prepared Amendment L.006 (Attachment H). The committee decided to sever the amendment and considered severed section A (Line 1 of Amendment L.006). The motion passed on a 5-2 roll call vote.
SECONDED:
		VOTE
	Hudak	No
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	No
	Morse	Yes

Not Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1157
TIME:	03:57:01 PM
MOVED:	Renfroe
MOTION:	Adopt severed section B (Lines 2-12 of Amendment L.006). The motion passed on a 5-2 roll call vote.
SECONDED:
		VOTE
	Hudak	No
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	No
	Morse	Yes

Not Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1157
TIME:	03:57:37 PM
MOVED:	Renfroe
MOTION:	Refer House Bill 09-1157, as amended, to the Committee on Appropriations. The motion passed on a 5-2 roll call vote.
SECONDED:
		VOTE
	Hudak	No
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	No
	Morse	Yes

Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:58 PM

The chair announced that a member of the public is interested in testifying on the nominations to the commission and the committee would vote to determine if public testimony would be allowed.


BILL:	Conf 09-Parole Board
TIME:	03:59:01 PM
MOVED:	Morse
MOTION:	Moved to allow the public to testify on the confirmations to the State Board of Parole. The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:59 PM -- Michael Dell, representing Colorado Citizens United for Rehabilitation of Errants, spoke about the nominees to the Parole Board. He discussed his concerns about the attitudes of parole board members towards those who are going to be paroled. He explained what he believes should be the role of the parole board in evaluating potential parolees.

04:03 PM -- Jen Boulton, representing herself, spoke about the nomination of Margaret Heckenbach. She spoke in support of her confirmation.

04:05 PM -- Margaret Heckenbach, nominee, spoke about her qualifications. She noted that she has a background in law enforcement and she believes that she works well with all types of offenders. She worked for the division of parole for 15 years.

04:06 PM -- Celeste C de Baca, nominee, spoke about her qualifications. She stated that she is currently serving on the parole board. She is an attorney and has served as a judge.

04:08 PM -- Deborah Allen, nominee, spoke about her qualifications. She stated that she is the longest serving member of the parole board. She also served in the state legislature.

04:10 PM -- Michael Anderson, nominee, spoke about his qualifications. He stated that he recently retired from the Denver Police Department.

04:11 PM

Senator Carroll asked how the nominees decide who should be paroled. The nominees discussed the various processes for determining parole eligibility. Senator King asked about strategies to lower recidivism.


BILL:	Conf 09-Parole Board
TIME:	04:22:20 PM
MOVED:	Carroll M.
MOTION:	Moved to favorably recommend the names of Michael Anderson, Deborah Allen, Celeste C de Baca, and Margaret Heckenbach as members of the State Board of Parole to the full Senate. The motion passed on a 7-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:23 PM

The committee recessed.

08:50 PM -- Senate Bill 09-286

Senator Morse, bill sponsor, presented Senate Bill 09-286 concerning criminal law and changing the offense level of sentencing options for certain crimes. He distributed Amendment L.005 (Attachment I) which strikes the entire bill and replaces it with language that directs the Commission on Criminal and Juvenile Justice to study sentencing reform. The commission is to provide the General Assembly with specific recommendations by February 1, 2010.

08:53 PM

Senator Hudak asked about the specifics of the amendment. The committee discussed the specifics of the amendment with Senator Morse.


BILL:	SB09-286
TIME:	08:58:19 PM
MOVED:	Morse
MOTION:	Adopt prepared Amendment L.005 (Attachment I). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-286
TIME:	08:58:30 PM
MOVED:	Morse
MOTION:	Refer Senate Bill 09-286, as amended, to the Committee of the Whole. The motion passed on a 4-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Absent
	Lundberg	Absent
	Newell	Yes
	Renfroe	Absent
	Carroll M.	Yes
	Morse	Yes

Final YES: 4 NO: 0 EXC: 0 ABS: 3 FINAL ACTION: PASS

08:59 PM -- House Bill 09-1348

Senator Carroll, bill sponsor, presented House Bill 09-1348 concerning activities resulting from the performance of legislative duties. The bill prohibits a legislator from being questioned in any other place for conducting or performing any legislative activity, and provides that legislative staff may not be questioned in any other place for legislative duties or functions performed at the request of the legislator. She distributed Amendment L.001 (Attachment J).


BILL:	HB09-1348
TIME:	09:02:49 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared Amendment L.001 (Attachment J). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1348
TIME:	09:03:54 PM
MOVED:	Carroll M.
MOTION:	Refer House Bill 09-1348, as amended, to the Committee of the Whole. The motion passed on a 4-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Absent
	Lundberg	Absent
	Newell	Yes
	Renfroe	Absent
	Carroll M.	Yes
	Morse	Yes

Final YES: 4 NO: 0 EXC: 0 ABS: 3 FINAL ACTION: PASS

09:06 PM

The committee adjourned.